State v. McKenna - Non "fighting words" speech cannot be used to convict a person for disorderly conduct.
In the Matter of B.H., Nos. 13-364, 14-19 (May 26, 2016)
The respondent, B.H., appeals from adjudications of delinquency entered in the Family Court. On appeal, he contends that the evidence was insufficient to establish sexual penetration—an essential element of first-degree child molestation sexual assault, of which the respondent was found delinquent. The Supreme Court held that the testimony of the two complainants that, at the respondent’s instruction, their penises went “in” and “inside” the respondent’s “butt” was insufficient to establish sexual penetration. Accordingly, the Court remanded the case to Family Court with directions to enter adjudications of delinquency on the lesser-included offense of second-degree child molestation sexual assault and for resentencing.